Open Land, Especially Govt Land, Can’t Be Used As Burial Ground By Anyone: Delhi HC [Read Judgment]

No person has any right to use any open land, especially government land, indiscriminately as a burial ground, the Delhi High Court has said.

A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar said so while dismissing the petition moved by Kabristan Intzamia Association, an NGO, staking claim over a piece of government land in west Delhi.

The NGO claimed that premised on the statement made by the Member of Legislative Assembly (MLA) concerned, it had started using government land near Vipin Garden, Uttam Nagar, West Delhi, as a burial ground.

It came to court challenging the August 1, 2017 order passed by the Sub-Divisional Magistrate (Dwarka) under Section 133 CrPC (conditional order for removal of nuisance).

The high court noted that the NGO had failed to show any illegality in the order passed by the SDM.

“No legal right is either pointed out or made out with respect to the subject land,” the bench noted.

The bench directed that, “all parties have to strictly abide by the law and the said order dated 1st August, 2017 passed by the Sub-Divisional Magistrate (Dwarka) in exercise of powers under the Code of Criminal Procedure. The respondents (Delhi government etc) shall take strict action for violation of the said order”.

It is to be noted that Justice Mittal had in another matter concerning unauthorised construction criticised the encroachment of land in the name of cremation grounds.

The court had then remarked that graves are on the rise but there is no place for people to live.